Diana Tsutieva

I help clients resolve, and when possible avoid, complex international disputes, with particular focus on energy and environmental matters.

Diana Tsutieva is a partner in Foley Hoag’s International Litigation & Arbitration Department. She is dual-qualified (U.S. and France) and carries extensive experience in complex investment arbitrations, international commercial arbitration, and public international law matters, with particular specialization on energy related disputes and environmental matters.

Diana represents clients in international dispute resolution before the International Court of Justice and arbitration panels administered under the ICSID, UNCITRAL and ICC Arbitration Rules and other institutions. Diana has represented several European, Asian and Latin American States in investment treaty arbitrations involving a wide range of industries, including oil and gas, mining, financial services, healthcare, and waste management. Diana also represents States in disputes involving sovereignty claims and maritime and land boundary delimitations.

Diana advises sovereign clients on a wide range of public international law issues, including privatization of State-owned assets; disputes over cultural property; and sanctions. She has also designed and implemented capacity trainings for sovereign States and agencies.

Diana has received recognition in Who’s Who Legal: Arbitration, which has noted “widespread international praise for her impressive work handling both complex investment and commercial arbitration proceedings.”

Diana serves on the TIAC 45 Steering Committee at the Tashkent International Arbitration Centre (TIAC) and is on the reserve panel of arbitrators of TIAC. She also serves as a co-chair of the American Bar Association International Law Section Eurasia Committee, and previously served as a co-chair of the Dispute Resolution Interest Group of the American Society of International Law.

Prior to joining Foley Hoag, Diana worked at a major international law firm in Paris, France, where she represented multinational corporations in M&A transactions, advised on and drafted stock and/or asset sales and purchase agreements, and provided general business law advice under French, E.U. and U.S. laws. Diana also served as a judicial clerk to the Honorable Judith M. Barzilay at the U.S. Court of International Trade in New York.

Related Industries

Sovereign States

Related Practices

Education

The Hague Academy of International Law, Public International Law, Certificate
Université Panthéon - Sorbonne (Paris 1), LL.M. in French & European Community Law
Rutgers University, J.D.
Cornell University, B.A. in Comparative Literature, with distinction in all subjects

Bar and Court Admissions

BAR ADMISSIONS

District of Columbia
New York
New Jersey
Barreau de Paris

Languages

French
Russian

Experience

INVESTOR-STATE ARBITRATION DISPUTES

Sanitek v. Armenia. Counsel to the Republic of Armenia in this ICSID arbitration under the provisions of the Lebanon-Armenia and Canada-Armenia BITs relating to claims under two waste management concessions, co-leading the team.
Chevron Corporation (U.S.A.) 2. Texaco Petroleum Company (U.S.A.) v. The Republic of Ecuador. Counsel to Ecuador in the damages phase of the investment arbitration involving BIT claims arising from a massive environmental litigation in Ecuador against Chevron, co-leading the team on international law issues.
Niko Resources v. Bangladesh, Bapex and Petrobangla. Counsel to Bangladesh and its State entities in a dispute before ICSID concerning the causes and impacts of two gas blowouts.
Anglo American v. Bolivarian Republic of Venezuela. Counsel to Venezuela against a UK mining company in an ICSID Additional Facility arbitration concerning the termination of a nickel concession.
Merck Sharpe & Dohme (I.A.) v. The Republic of Ecuador. Counsel to the Republic of Ecuador in an UNCITRAL arbitration under the Ecuador - U.S. bilateral investment treaty arising from the alleged treatment of a foreign investor by the Ecuadorean judiciary.
Murphy Exploration & Production Company-International v. The Republic of Ecuador. Counsel to the Republic of Ecuador in an UNCITRAL arbitration under the Ecuador – U.S. bilateral investment treaty arising from changes in domestic legislation pertaining to the exploitation of oil resources in Ecuador.
Ping An Life Insurance Company of China, Limited & Ping An Insurance (Group) Company of China, Limited v. The Kingdom of Belgium. Counsel to Belgium in an ICSID arbitration under the China-Belgium bilateral investment treaty arising from measures in the financial services sector. The case was dismissed for lack of jurisdiction over the investor’s claims.
European American Investment Bank AG (Austria) v. The Slovak Republic. Counsel to the Slovak Republic in an UNCITRAL arbitration under the Austria-Czech and Slovak Republic bilateral investment treaty arising from changes in the Slovak health insurance sector. The case was dismissed for lack of jurisdiction over the investor’s claims.
Achmea B.V. v. The Slovak Republic. Counsel to the Slovak Republic in an UNCITRAL arbitration under the Netherlands-Slovak Republic BIT arising from alleged measures in the health insurance sector. The case was dismissed for lack of jurisdiction over the investor’s claims.
Gold Reserve v. Bolivarian Republic of Venezuela. Counsel to Venezuela against a Canadian gold mining company in an ICSID Additional Facility arbitration concerning gold concessions and environmental rights.
Vannessa Ventures Ltd. v. Bolivarian Republic of Venezuela. Counsel to Venezuela against a Canadian mining company in an ICSID Additional Facility arbitration arising from the cancellation of a gold mining contract, under the Canada – Venezuela bilateral investment treaty. The tribunal found Venezuela not liable for breach of the Canada-Venezuela BIT.
Counsel to a state-owned petroleum company in ICC proceedings brought by a consortium in connection with a breach of contract claim relating to enhanced oil recovery techniques.

INTERNATIONAL LITIGATION AND ARBITRATION

Croatia v. Slovenia (Ad hoc arbitration under the aegis of the European Commission). Counsel to the Republic of Croatia in arbitration concerning the delimitation of land and maritime boundaries.
The Republic of Djibouti v. State of Eritrea (African Commission on Human and Peoples’ Rights). Counsel to Djibouti in an inter-State proceeding involving Eritrea’s detention of Djiboutian prisoners of war.

INTERNATIONAL COMMERCIAL ARBITRATION CASES

Counsel to a State-owned naval engineering firm in an ICC arbitration proceeding in connection with breach of contract claims relating to maintenance and repair of two submarines.

REPRESENTATION of SOVEREIGN in U.S. COURTS

Counsel to the Kingdom of Spain in an enforcement action brought by Novenergia, a Luxembourg fund, before the U.S. District Court of the District of Columbia to confirm and enforce an arbitral award issued by an SCC arbitral tribunal under the Energy Charter Treaty.

ADVISORY MATTERS

Advising UzAssets in relation to privatization of State-owned assets

PRO BONO MATTERS

Representing the UN Working Group of Experts on People of African Descent (“WGEPAD”) in the amicus brief filed before the Inter-American Human Rights Commission in a matter challenging U.S. felony disenfranchisement laws based on, inter alia, their disproportionate impact on people of African descent

Publications

"The Future of Investor-State Dispute Settlement under the Energy Charter Treaty," Kluwer Arbitration Blog (March 29, 2021)
Co-author with Mark A. Clodfelter, "Counterclaims in Investment Arbitration," in Katia Yannaca-Small, Arbitration Under International Investment Agreements: A Guide to the Key Issues (2nd edition, 2018)
Co-author with D. Schimmel, J. Shope, and A. Hainsworth and D. Tsutieva, "Transparency in Arbitration," Practical Law (Winter 2018)
Co-author with John Shope, "Summary Disposition in Arbitration," Today’s General Counsel (Winter 2018)
Worked with Pierre d’Argent on "Le règlement des différends en-dehors de la Convention de Montego Bay," in Mathias Forteau, Daniel Müller, Alain Pellet and Jean-Marc Thouvenin, Traité de droit international de la mer (2016)
Worked with Mark A. Clodfelter on “Written Proceedings in International Investment Arbitration” in Litigating International Investment Disputes: A Practitioner’s Guide, C. Giorgetti ed., Brill Nijhoff (2014)

Foley Hoag Publications

Publication 03/22/2020

COVID-19 Advisory – Renewed Focus on Force Majeure Clauses

Publication 04/11/2018

Transparency in Arbitration

Honors & Involvement

HONORS

Who's Who Legal: Arbitration 2018, 2019, 2021, 2022 – Future Leaders: “Diana Tsutieva wins widespread international praise for her impressive work handling both complex investment and commercial arbitration proceedings.”
Member, the Reserve Panel of Arbitrators of the Tashkent International Arbitration Centre (“TIAC”)

INVOLVEMENT

American Society of International Law
- Co-Chair of the Dispute Resolution Interest Group (2018-2021)
- Founding Chair, Steering Committee, DRIG ISDS Reforms Working Group (2018-2021)
American Bar Association, Section of International Law
- Co-Chair, Eurasia/Russia Committee (2018-2022)
- Co-Chair, Eurasia Committee (2022-2023)
Member, TIAC45 Steering Committee, Tashkent International Arbitration Centre
Member, British Institute of International Comparative Law
Member, Delos Dispute Resolution Arbitrator Network

Speaking Engagements

Speaker, Climate Change Related Arbitration, Baltic Arbitration Days (June 2022)
Speaker, Foreign Investment Laws – A Renewed Basis for Consent to International Investment Arbitration? A Look at Recent Developments, Washington Arbitration Week (December 2021)
Moderator, Innovative Defense Strategies in ISDS, Uzbek Arbitration Week (September 2021)
Debater, FTI Consulting International Arbitration Debating Series, “The Choice of Valuation Date in Unlawful Expropriations: The Cleaver Should Fall on the State” ( April 2021)
Panelist, Rising Arbitrators Initiative’s Webinar Series “The Rising Arbitrator’s Challenge: Navigating the Promise and Perils of Your First Appointments” (December 2020)
Moderator, ASIL’s Dispute Resolution Interest Group, Virtual Oral Argument Workshop (October 2020)
Moderator, Protecting Human Rights Through International Adjudication, ASIL Annual Meeting (featuring Bruno Simma, University of Michigan School of Law, Toby Landau, and Prof. Ursula Kriebaum) (June 2020)
Moderator, Draft Code of Conduct for Adjudicators in Investor-State Dispute Settlement, ASIL Dispute Resolution Group (June 2020)
Moderator, Advanced Transport, Smart Cities & China’s ‘Maritime Silk Road’, The Silk Road Summit, 3rd Annual Conference: Exploring Business, Trade & Investment Opportunities on the New Eurasia/African Silk Roads (Washington, D.C., Nov. 2019)
Panelist, International Investment Disputes and Armenia, Armenian Center for Dispute Resolution (Yerevan, Armenia, Sept. 2019)
Panelist & Instructor, Young ICCA Skills Training Workshop on Oral Advocacy in International Arbitration (Yerevan, Armenia, Sept. 2019)
Panelist, Investment Arbitration, 8th DIS Baltic Arbitration Days 2019 (Riga, Latvia, June 2019)
Moderator, “China’s New Route to the Silk Road: Challenges and Opportunities for the Eurasian Region”, ABA Section of International Law 2019 Annual Conference (Washington, D.C., April 2019)
Moderator, Dispute Resolution Interest Group Business Meeting: Updates on DRIG ISDS Reforms Working Group, Annual Meeting of the American Society of International Law (Washington, D.C., March 2019)
Speaker, “Populism and International Trade Law,” Harvard International Law Journal’s 2019 Symposium (Cambridge, March 2019)
Lecturer, Careers in International Arbitration, Comparative and International Law Institute, Columbus School of Law The Catholic University of America (Washington D.C., September 17, 2018)
Interview with Secretary-General of ICSID, Meg Kinnear, Unfolding the Working Paper on ICSID Rules Amendment, sponsored by ASIL Dispute Resolution Interest Group (Washington D.C., September 6, 2018)
Lecturer, “Bringing Counterclaims”, Executive Training on Investment Arbitration for Government Officials, Columbia Center for Sustainable Investment, Columbia University (New York, August 7, 2018)
Speaker, “Raising Jurisdictional Objections” and “Bringing Counterclaims”, Investor-State Arbitration Seminar organized by the Ministry of Justice of Uzbekistan (in Russian) (Tashkent, May 2018)
Moderator, “The Rise of Foreign Agent Laws: The Emerging Trends in their Enactment and Application in the U.S., Russia and Across the Globe,” ABA Section of International Law Annual Conference, (New York, April 20, 2018)
Speaker, “The Use of Summary Procedures in International Commercial Arbitration,” ASIL Dispute Resolution Interest Group Business Meeting, (Washington D.C., April 5, 2018)
Speaker, "The Perceived Ineffectiveness of the Investment Arbitration System in Responding to the Claims of Arbitrators' Lack of Impartiality and Possible Solutions," International Conference on the Duties, Rights and Powers of International Arbitrators, American University Washington College of Law (sponsored by the American Society of International Law), (Washington, D.C., Sept.19, 2017)
Lecturer, "Bringing Counterclaims in Investment Arbitration" Executive Training Program on Investment Arbitration for Government Officials, Columbia Center for Sustainable Investment, Columbia University (New York, Aug. 9, 2017)